HB 1821 2003
1	A bill to be entitled
2	An act relating to citrus; amending s. 403.08725, F.S.;
3	redefining the terms "new sources" and "existing sources";
4	amending permitted emissions limits; providing for the
5	Department of Environmental Protection to develop, by a
6	specified deadline, management practices to prevent or
7	minimize certain pollutants that are not specifically
8	named in this section; providing specific contents of
9	rules adopted by the department; providing additional
10	emissions limits; providing for the expiration of the
11	program created under this section; providing
12	prerequisites to salary adjustments for certain employees
13	of the Department of Citrus; requiring the Department of
14	Citrus to publish an annual travel report; providing
15	requirements for the contents of that report; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Subsections (1), (2), (7), and (8) of section
21	403.08725, Florida Statutes, are amended, and subsection (10) is
22	added to said section, to read:
23	403.08725 Citrus juice processing facilities.--
24	(1) COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective July
25	1, 2002, all existing citrus juice processing facilities shall
26	comply with the provisions of this section in lieu of obtaining
27	air pollution construction and operation permits,
28	notwithstanding the permit requirements of ss. 403.087(1) and
29	403.0872. For purposes of this section, "existing juice
30	processing facility" means any facility that currently has air
31	pollution construction or operation permits issued by the
32	department with a fruit processing capacity of 2 million boxes
33	per year or more. For purposes of this section, "facility" means
34	all emissions units at a plant that processes citrus fruit to
35	produce single-strength or frozen concentrated juice and other
36	products and byproducts identified by Major Group Standard
37	Industrial Classification Codes 2033, 2037, and 2048 which are
38	located within a contiguous area and are owned or operated under
39	common control, along with all emissions units located in the
40	contiguous area and under the same common control which directly
41	support the operation of the citrus juice processing function.
42	For purposes of this section, facilities that do not operate a
43	citrus peel dryer are not subject to the requirements of
44	paragraph (2)(c). For purposes of this section, "department"
45	means the Department of Environmental Protection.
46	Notwithstanding any other provision of law to the contrary, for
47	purposes of the permitted emission limits of this section, "new
48	sources" means emissions units constructed or added to a
49	facility on or after July 1, 20022000, and "existing sources"
50	means emissions units constructed or modified before July 1,
51	20022000.
52	(2) PERMITTED EMISSIONS LIMITS.--All facilities authorized
53	to construct and operate under this section shall operate within
54	the most stringent of the emissions limits set forth in
55	paragraphs (a)-(g) for each new and existing source:
56	(a) Any applicable standard promulgated by the United
57	States Environmental Protection Agency.
58	(b) Each facility shall comply with the emissions
59	limitations of its Title V permit, and any properly issued and
60	certified valid preconstruction permits, until October 31, 2002,
61	at which time the requirements of this section shall supersede
62	the requirements of the permits. Nothing in this paragraph shall
63	preclude the department's authority to evaluate past compliance
64	with all department rules.
65	(c) After October 31, 2002, for volatile organic
66	compounds, the level of emissions achievable by a 50 percent
67	recovery of oil from citrus fruits processed as determined by
68	the methodology described in subparagraph (4)(a)1. One year
69	after EPA approval pursuant to subsection (9), for volatile
70	organic compounds, the level of emissions achievable by a 65
71	percent recovery of oil from citrus fruits processed as
72	determined by the methodology described in subparagraph (4)(a)1.
73	(d) After October 31, 20042002, except as otherwise
74	provided herein, no facility with access to natural gasshall
75	fire fuel oil containing greater than 0.10.5percent sulfur by
76	weight or, alternatively, operate without processes that result
77	in the equivalent of the use of such fuel. Those facilities
78	without access to natural gas shall be limited to fuel oil
79	containing no greater than 0.51 percent sulfur by weight or,
80	alternatively, operate without processes that result in the
81	equivalent of the use of such fuel, except that all new sources
82	at such facilities shall be limited to fuel oil containing no
83	greater than 0.1 percent sulfur by weight or the equivalent of
84	such fuel. In addition, facilities may use fuel oil with no
85	greater than 1.5 percent sulfur by weight for up to 400 hours
86	per calendar year. The use of natural gas is not limited by this
87	paragraph. The use of d-limonene as a fuel is not limited by
88	this paragraph. No source shall fire any fuel other than fuel
89	oil, natural gas, ethanol, propane, d-limonene, or biogas. No
90	source shall fire used oil.
91	(e) All new boilers and coolers must have a stack height
92	of at least 2.5 times the height of adjacent buildings, and no
93	more than 65 meters, measured from the ground-level elevation at
94	the base of the stack.
95	(f)(e) After October 31, 20042002, for particulate matter
96	of 10 microns or less, the emissions levels, expressed in pounds
97	per million British thermal units of heat input, unless
98	otherwise specified, are established for the following types of
99	new and existing sources:
100	1. Citrus peel dryer, regardless of production capacity:
101	15 pounds per hour.
102	2. Pellet cooler or cooling reel, regardless of production
103	capacity: 5 pounds per hour.
104	3. Process steam boiler:
105	a. Sources fired with natural gas, ethanol, propane,
106	ethanol, biogas, or d-limonene and existing sources fired with
107	fuel oil: not limited.
108	b. New sources fired with fuel oil: 0.050.10pounds per
109	million British thermal units.
110
111	No process steam boiler shall fire any fuel other than natural
112	gas, propane, ethanol, biogas, d-limonene, or fuel oil. No
113	process steam boiler shall fire used oil.
114	4. Combustion turbine:
115	a. Existing sources regardless of fuel: not limited.
116	b. New sources fired with natural gas, propane, ethanol,
117	or biogas, or d-limonene: not limited.
118	c. New sources fired with fuel oil: 0.10 pounds per
119	million British thermal units.
120
121	No combustion turbine shall fire any fuel other than natural
122	gas, propane, biogas, or fuel oil. No combustion turbine shall
123	fire used oil.
124	5. Duct burner:
125	a. New and existing sources fired with natural gas,
126	ethanol, propane, or biogas, or d-limonene: not limited.
127	b. New and existing sources fired with fuel oil: 0.10
128	pounds per million British thermal units.
129
130	No duct burner shall fire any fuel other than natural gas,
131	propane, biogas, or fuel oil. No duct burner shall fire used
132	oil.
133	6. Glass plant furnace: existing sources with a maximum
134	noncullet material process input rate of 18 tons per hour;
135	hourly emissions limited as determined by the following
136	equation: Emission limit (pounds per hour) = 3.59 x (process
137	rate, tons per hour raised to the 0.62 power). No glass plant
138	furnace shall fire any fuel other than natural gas, propane,
139	biogas, d-limonene, or fuel oil. No glass plant furnace shall
140	fire used oil.
141	7. Biogas flare for anaerobic reactor: not limited.
142	8. Emergency generator: not limited.
143	9. Volatile organic compounds emission control
144	incinerator: not limited.
145	(g)(f)After October 31, 2002, for nitrogen oxides, the
146	emissions levels, expressed in pounds of nitrogen dioxide per
147	million British thermal units of heat produced, unless otherwise
148	specified, are established for the following types of new and
149	existing sources:
150	1. Citrus peel dryer:
151	a. Sources that fire natural gas, propane, ethanol,
152	biogas, or d-limonene: not limited.
153	b. Sources that fire fuel oil: 0.34 pounds per million
154	British thermal units.
155	2. Process steam boiler:
156	a. New sources with a heat input capacity of 67 million
157	British thermal units per hour or less and existing sources
158	regardless of heat input capacity: not limited.
159	b. New sources with a heat input capacity of more than 67
160	million British thermal units per hour: 0.10 pounds per million
161	British thermal units.
162	3. Combustion turbine:
163	a. Existing sources regardless of fuel:
164	(I) Existing combustion turbine of approximately 425
165	million British thermal units per hour heat input capacity: 42
166	parts per million volume dry at 15 percent oxygen.
167	(II) Existing combustion turbines of approximately 50
168	million British thermal units per hour heat input capacity each,
169	constructed prior to July 1999: 168 parts per million volume dry
170	at 15 percent oxygen.
171	(III) Existing combustion turbine of approximately 50
172	million British thermal units per hour heat input capacity,
173	constructed after July 1999: 50 parts per million volume dry at
174	15 percent oxygen.
175	b. New sources with less than 50 megawatts of mechanically
176	generated electrical capacity, regardless of fuel: 25 parts per
177	million volume dry at 15 percent oxygen.
178	c. New sources with greater than or equal to 50 megawatts
179	of mechanically generated electrical capacity, regardless of
180	fuel: 3.5 parts per million volume dry at 15 percent oxygen.
181	4. Duct burner:
182	a. Existing sources fired with natural gas, propane, or
183	biogas: not limited.
184	b. Sources fired with fuel oil: 0.20 pounds per million
185	British thermal units.
186	5. Glass plant furnace:
187	a. Existing sources regardless of production capacity: not
188	limited.
189	b. New sources firing gaseous fuels or fuel oil,
190	regardless of production capacity: 5.5 pounds per ton of glass
191	produced.
192	6. Biogas flare for anaerobic reactor: not limited.
193	7. Emergency generator: not limited.
194	8. Volatile organic compound emission control incinerator:
195	not limited.
196	(h)(g) After October 31, 20042002, for visible emissions,
197	the levels of visible emissions at all times during operation,
198	expressed as a percent of opacity, are established for the
199	following types of emission sources:
200	1. Citrus peel dryer: 20 percent.
201	2. Pellet cooler or cooling reel: 5 percent.
202	3. Process steam boiler: 20 percent.
203	4. Combustion turbine: 10 percent.
204	5. Duct burner: limited to the visible emissions limit of
205	the associated combustion turbine.
206	6. Glass plant furnace: 20 percent.
207	7. Biogas flare for anaerobic reactor: 20 percent.
208	8. Emergency generator: 20 percent.
209	9. Lime storage silo: 10 percent.
210	10. Volatile organic compounds emission control
211	incinerator: 5 percent.
212	(i) The department may develop, with the cooperation of
213	the Florida Citrus Processors Association, management practices
214	for the prevention or minimization of any other pollutant that
215	is specifically regulated under the Clean Air Act but not
216	specifically addressed by this section. To the greatest
217	practicable extent, considering the unique characteristics of
218	each facility, after these management practices have been
219	developed, each source that is subject to this section must
220	either comply with such generic practices or obtain approval
221	from the department for the use of modified practices that are
222	uniquely tailored to the facility. Such management practices
223	must be developed before the United States Environmental
224	Protection Agency issues its final approval of the program
225	developed under this section. The department shall adopt such
226	practices by rule when practicable.
227	(7) RULES.--The department shall adopt rules pursuant to
228	ss. 120.536(1) and 120.54 to implement the provisions of this
229	section. Such rules shall, to the maximum extent practicable,
230	assure compliance with substantive federal Clean Air Act
231	requirements. The department shall require the registration of
232	facilities and shall provide for such participation by the
233	public and the United States Environmental Protection Agency as
234	is required by Title V of the Clean Air Act.
235	(8) LEGISLATIVE REVIEW.--By March 20072004, the
236	department, after consultation with the citrus industry, shall
237	report to the Legislature concerning the implementation of this
238	section, and shall make recommendations for any changes
239	necessary to improve implementation.
240	(10) ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF THIS
241	PROGRAM.--
242	(a)1. No later than June 15 of each calendar year, each
243	citrus processing facility subject to this section shall provide
244	the total facility fruit throughput, in standard box
245	measurement, for the previous June 1 through May 31 period, to
246	the Florida Citrus Processors Association. The facility's
247	responsible official must certify such information as true,
248	complete, and correct. By June 30 of each calendar year, the
249	Florida Citrus Processors Association shall provide to the
250	department the aggregate fruit throughput for all facilities
251	that are subject to this section. In addition, for purposes of
252	assuring compliance with this section, the Florida Citrus
253	Processors Association shall provide the department with
254	throughput information for individual facilities upon request of
255	the department.
256	2. On July 31 following the close of a production year
257	(June 1 through May 31) during which the industrywide fruit
258	throughput exceeds 350 million boxes, the terms and conditions
259	of paragraphs (1)-(4) and (6) shall expire and all facilities
260	subject to those provisions shall become subject to all then-
261	existing department air-permitting requirements for the
262	construction and operation of major air-pollution sources and
263	all generally applicable air-pollution-limiting department
264	rules. Such facilities shall apply for individual Title V
265	permits on or before July 30 of that year, and all facility
266	emissions limits and unit emissions limits effective as of July
267	30 of that year shall continue to be the effective limits for
268	such units and facilities until changed through normal
269	department air-pollution preconstruction permit processes. Each
270	facility's fruit throughput is limited to the actual throughput
271	of the most recent production year (October 1 through May 31)
272	unless the throughput level is changed through normal department
273	air-pollution preconstruction permit processes. Any throughput
274	increase above such a throughput level is considered to be a
275	relaxation of a restriction on pollutant-emitting capacity and
276	is subject to Rule 62-212.400(2)(g), Florida Administrative
277	Code.
278	3. If a facility makes timely application for a Title V
279	permit in accordance with this section and provides information
280	to make the application complete in accordance with department
281	rules, that facility is not considered to be operating without a
282	permit during the processing of the Title V permit if the
283	facility continues to provide the department with all Title V
284	compliance reports and monitoring reports required by 40 C.F.R.
285	part 70 during that period.
286	(b)1. The department shall, 3 and 6 years after the full
287	implementation of this regulatory program, evaluate the program
288	to determine if it is successful. The evaluation must address
289	the consolidation of the industry to date and the related
290	changes of emissions units and emissions and modeling of the
291	effects of such emissions changes, and must be reported to the
292	United States Environmental Protection Agency's Region 4 office,
293	with a copy to the Florida Citrus Processors Association and the
294	federal Class I area land management agencies. The department,
295	in consultation with the United States Environmental Protection
296	Agency, shall determine the success of the program by a
297	comparison of industrywide aggregate air emissions increases and
298	reductions resulting from regulation under this program versus
299	emissions increases and reductions that would have resulted from
300	regulation under the federal new source review program during
301	each 3-year evaluation period. During the evaluation period, the
302	department shall track new sources added to citrus facilities
303	and estimate the emissions limitations that would have resulted
304	from the federal new source review regulations in effect at the
305	time of the addition of each source. As used in this paragraph,
306	the term "regulations in effect" means those regulations that
307	the United States Environmental Protection Agency has published
308	in the Federal Register as a final regulation.
309	2. If, at the end of each evaluation period, the
310	comparison of emissions increases and decreases shows that this
311	program results in an overall emissions benefit that is
312	consistent with the intention of the program and is protective
313	of air quality, this regulatory program shall be considered
314	successful. For purposes of this review, the target emissions
315	increases and decreases for this program are:
316	a. This program is intended to significantly reduce
317	allowable and actual emissions of volatile organic compounds and
318	sulfur dioxide.
319	b. This program is intended to reduce allowable emissions
320	of particulate matter.
321	c. This program is not intended to reduce actual emissions
322	of carbon monoxide or nitrogen oxides.
323	d. This program is intended to result in an overall
324	emissions benefit that is equal to or better than the benefit
325	that would have resulted from regulation under the federal new
326	source review program, considering the industrywide aggregate of
327	regulated air emissions.
328	3. If this program is not considered successful, on July
329	31 following the date of completion of the evaluation, the terms
330	and conditions of paragraphs (1)-(4) and (6) shall expire, and
331	all facilities subject to such provisions shall become subject
332	to all then-existing department air-permitting requirements for
333	construction and operation of major air pollution sources and
334	all generally applicable air pollution-limiting department
335	rules. Such facilities must apply for individual Title V permits
336	on or before July 31 of that year, and all facility emissions
337	limits and unit emissions limits effective as of July 30 of that
338	year shall continue to be the effective limits for such units
339	and facilities, with the exception of any emissions limits
340	required under paragraph (10)(c), unless changed through normal
341	department air-pollution preconstruction permit processes.
342	4. If a facility makes timely application for a Title V
343	permit in accordance with this section, and provides information
344	to make such an application complete in accordance with
345	department rules, that facility is not considered to be
346	operating without a permit during the processing of the Title V
347	permit if the facility continues to provide the department with
348	all Title V compliance reports and monitoring reports required
349	by 40 C.F.R. part 70 during that period.
350	(c) If the program is not considered successful, the
351	department shall identify each air pollutant, PM10, NOx, SO2,
352	and VOC, for which the industrywide emissions increases are
353	greater than would have resulted under the federal new source
354	review program and shall quantify the extent to which such
355	emissions exceed such levels. For each pollutant so identified,
356	the facilities subject to this section shall individually or
357	collectively reduce industrywide emissions of such pollutants to
358	the levels equivalent to those that would have resulted under
359	the federal new source review program. This may be done by
360	reducing emissions at one or more emissions units operated
361	within the industry, or by making reductions of such pollutants
362	elsewhere within the peninsular portion of this state, as long
363	as such reductions are real, accurately quantifiable,
364	practically enforceable, and not required or used for any other
365	air-quality purposes. If emissions reductions are taken at
366	emissions units operated within the industry, each applicable
367	facility shall receive emissions limits at such units in Title V
368	permits in addition to limits that would result under paragraph
369	(10)(b).
370	Section 2. Any change in the salary of an employee of the
371	Department of Citrus which is at or above $100,000 annually must
372	be approved by the full membership of the Florida Citrus
373	Commission at the meeting of the commission in July 2003, or at
374	the first subsequent meeting, and before any subsequent salary
375	adjustment is made.
376	Section 3. The Department of Citrus shall, at the end of
377	each fiscal year, publish an annual travel report that states,
378	for each staff member of the Department of Citrus and each
379	member of the Florida Citrus Commission who has traveled during
380	that year, the name of the person, the person's position title,
381	the date on which a claim for reimbursement was submitted, the
382	dates of travel, the destinations, the purpose of the travel,
383	and all expenditures that resulted from the travel.
384	Section 4. This act shall take effect upon becoming a law.